Written by Faith Anderson on April 30, 2019

Thousands of military veterans and servicemembers are expected
to pursue lawsuits against 3M Company over defective combat earplugs the
company sold to the United States military, which they allege caused them to
suffer hearing loss, tinnitus and other debilitating hearing problems. According
to the 3M litigation, the government contractor knew that the military earplugs
were defectively designed and sold them to the military anyway, putting
thousands of military servicemembers at risk for serious hearing problems. If
you or someone you love has suffered tinnitus, hearing loss or another problem
allegedly caused by defective 3M combat earplugs, our consumer advocates at
Consumer Justice Foundation can help. We are committed to protecting the rights
of individuals harmed by defective consumer products, and we can help put you
in touch with an experienced product liability lawyer.

3M’s Combat Arms Earplugs

The earplugs at the center of the ongoing litigation are 3M’s
dual-ended Combat Arms Earplugs Version 2 (CAEv2), which were sold to the
Defense Logistics Agency without any warnings regarding the potential for defects
in the earplug design to decrease the effectiveness of the hearing protection
the devices offered wearers. The dual-ended combat earplugs were designed to protect
military servicemembers deployed in Afghanistan and Iraq, and in training in
the United States, from high-level noises like heavy artillery and rockets,
while still allowing them to communicate with one another. Unfortunately, the
earplugs were too short for proper insertion into users’ ears and this design defect
prevented them from maintaining a tight seal during use. As a result, the earplugs
failed to provide the wearer with the expected level of noise protection and therefore
increased the risk of hearing problems like hearing loss and tinnitus.

The allegedly defective earplugs were originally made by
Aearo Technologies Inc., which was acquired by 3M Company in 2008. In 2006, Aearo
entered into an exclusive contract with the U.S. military to supply earplugs to
active combat personnel, which resulted in an estimated 750,000 earplug sets being
supplied to the military annually until 2015, when 3M Company discontinued the product.
3M’s defective combat earplugs were standard-issue for the U.S. military for
years, distributed to thousands of servicemembers who relied on the earplugs to
protect their hearing both in training and in combat. Unfortunately, the
earplugs didn’t work properly, and the servicemembers who wore them in combat
or in training are now suffering lasting consequences as a result of the failed
earplugs.

3M Earplug Hearing Loss Lawsuits

As a result of defects that allowed its Combat Arms Earplugs
to loosen imperceptibly in soldiers’ ears, thereby failing to provide adequate
hearing protection, 3M Company faces a growing number of lawsuits filed by military
veterans and servicemembers who used the earplugs during their military service
between 2003 and 2015. All of the lawsuits involve similar allegations that 3M
designed the earplugs in a defective manner and sold them to the military
without providing warnings, despite knowing as early as 2000 about the potential
for the earplugs to not work properly. According to reports, 3M even conducted
tests that revealed the earplugs’ design defects, but instead of notifying the
U.S. military, the company manipulated the test results to make it seem like the
earplugs worked properly and met military safety standards.

In July 2018, 3M agreed to pay $9.1 million to the U.S.
government to resolve allegations that the company defrauded the government by knowingly
selling defective earplugs to the military for more than a decade, without disclosing
defects that decreased the actual hearing protection provided by the earplugs. In
the months since the settlement agreement between 3M and the Justice Department,
dozens of veterans and military servicemembers across the country who have experienced
everything from hearing loss to tinnitus and balance issues due to inner ear
damage have filed lawsuits against 3M, and thousands more are expected to sue
in the coming months and years.

Thousands of 3M Earplug Lawsuits Expected to be Filed

In one recent case, an Army combat veteran in Maryland who
served two tours in Iraq filed a lawsuit alleging that, as a result of the
earplugs defect, he suffered from tinnitus and other damages leading to costly
medical bills, lost wages, and pain and suffering. According to the Department
of Veterans Affairs, tinnitus is the disability most commonly experienced by
military veterans, and there are more than 2.7 million currently receiving
benefits for the debilitating condition. More than 800,000 former military servicemembers
now suffer from hearing damage, many due to defective combat earplugs, and
product liability lawyers across the country are currently investigating claims
on behalf of servicemembers who believe their hearing problems were caused by 3M’s
Combat Arms Earplugs. Contact a knowledgeable product liability lawyer today if
you believe you were harmed by a defective consumer product, like 3M’s military
earplugs.

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Do you deserve compensation?

An attorney will review your situation for FREE and help you found out what really went wrong.

How Can We Reach You?

Please Explain Your Situation

By clicking the "Submit" button below, you agree that law firms you are matched with may contact you by telephone even if you are on a federal or state Do Not Call registry. Up to 10 law firms may respond to your request within approximately 2 weeks. In some cases 3 or more firms may respond to your request after 30 days. Use of this site is subject to our Terms of Use.

By leaving this box checked, I agree to receive future offers and announcements from Consumer Justice Foundation, and its affiliates and partners